Managing Consent and Capacity Issues in Wills and Estates Practice

Programme Structure

The program focuses on:

• Evaluating capacity

• What are the red flags?

• Understanding your obligations to ask probing questions

• Assessing whether your client has capacity to give instructions

• When should you refuse to take the retainer

• What do you do when capacity changes during the course of the retainer?

• How do clinicians assess cognition? 

• Role of section 3 counsel in Substitute Decisions Act proceedings

• Dealing with incapacity issues

• Borderline capacity issues regarding wills and powers of attorney

• Joint retainer rule regarding wills and subsequent incapacity of one of the parties

• When and how to request formal assessments of capacity

• Understanding the Health Care Consent Act

• What is informed consent?

• What is capacity under the Health Care Consent Act?

• Who evaluates capacity under the Health Care Consent Act and when?

• Identification of the substitute decision-maker under the Health Care Consent Act

• End of life decision-making under the Health Care Consent Act